JUDGMENT :

VIKAS BAHL, J. 

1. Present order would dispose of two appeals. First being FAO-6010-2017 which has been filed by the Insurance Company challenging the award dated 31.03.2017, vide which compensation to the tune of Rs.18,74,600/- had been awarded to the claimant-Geeta Podial along with interest, on account of death of her husband Jagdish Podial, which had taken place in a motor vehicular accident which had occurred on 05.10.2014. The prayer in the said appeal is for reduction of the compensation awarded. The second appeal i.e. FAO-4640-2017 has been filed by the claimant-Geeta Podial challenging the same award and the prayer in the same is for enhancement of compensation. The only question which arises for consideration in the present appeals is whether the compensation which had already been awarded deserves to be enhanced or reduced, as the other aspects are not being disputed before this Court.

ARGUMENTS ON BEHALF OF THE INSURANCE COMPANY:-

2. Learned counsel for the insurance company has submitted that in the present case, the benefit of future prospects has been granted by adding 50% to the salary of the deceased, which has been found to be Rs.8100/- per month. It is submitted that since as per the finding of the Tribunal in para 20, it was observed that deceased-Jagdish Podial was self-employed, thus, as per the law laid down by the Hon'ble Supreme Court in the case of “National Insurance Company Limited Vs. Pranay Sethi and others”, reported as (2017) 16 Supreme Court Cases 680, only 40% of the established income could have been awarded on account of future prospects. It is argued that on accounts of loss of estate, funeral expenses, loss of consortium and love and affection to wife, a total compensation of Rs.1,25,000/- has been awarded instead of awarding an amount of Rs.15,000/- on account of loss of estate, Rs.15,000/- on account of funeral expenses and Rs.40,000/- on account of loss consortium, as had been observed in the above-said judgment of Pranay Sethi (supra). It is submitted that thus, an additional amount of Rs.55,000/- has been awarded on the said accounts. Learned counsel for the insurance company has submitted a chart to show that the compensation to which the claimant at best is entitled to is Rs.17,02,960/-. The said chart is reproduced as under: -

“FAO-6010-2017 : IFFCO-TOKIO v. Geeta

CLAIMANTS: Widow.

DATE OF ACCIDENT: 5.10.2014

NATURE OF CASE: Death

AGE OF DECEASED: 25 years

DRIVING LICENCE/ROUTE PERMIT/INSURANCE : Valid 

Sd-

(YOGESH GUPTA)

ADVOCATE

COUNSEL FOR THE APPELLANT”

3. Learned counsel for the insurance company by referring to the order dated 18.09.2017 passed by the Co-ordinate Bench of this Court has submitted that the entire amount under the head of future prospects is lying deposited but the same was not to be disbursed to the claimant and thus, once the present appeal is disposed of, a substantial amount would be released to the claimant. The order dated 18.09.2017 passed by the Co- ordinate Bench of this Court, which has been highlighted by learned counsel for the insurance company, is reproduced herein below: -

“Present: Mr. Yogesh Gupta, Advocate for the appellant.

***

CM No.19479-C-II of 2017

For the reasons stated in the application, which is duly supported by an affidavit, delay of 22 days in filing the appeal is condoned.

Application is allowed.

Main Case

Notice of motion for 28.02.2018, only on the aspect for grant of compensation under the head future prospects to respondent No.1 only.

Insurance Company shall deposit the entire amount awarded by the Motor Accident Claims Tribunal. However, amount under the head future prospects shall not be disbursed.

18.09.2017”

ARGUMENTS ON BEHALF OF THE CLAIMANT:-

4. Learned counsel for the claimant, on the other hand, has not disputed the entries made in the chart with respect to future prospects. With respect to reduction on accounts of loss of estate, funeral expenses and loss of consortium, from Rs.1,25,000/- to Rs.70,000/-, it has also been pointed ou